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HOUSE OF LORDS - United Kingdom Parliament

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have arisen in only two cases in the courts since 1945. 1 All privilege of<br />

peerage is lost upon a disclaimer under the Peerage Act 1963.<br />

HUMAN RIGHTS<br />

12.15 Section 6(1) of the Human Rights Act 1998, which provides that<br />

“It is unlawful for a public authority to act in a way which is incompatible<br />

with a Convention right”, does not apply to the House or its committees,<br />

or to a person exercising functions in connection with a proceeding in<br />

parliament. 2<br />

PARLIAMENTARY COPYRIGHT<br />

12.16 Sections 165–7 of the Copyright, Designs and Patents Act 1988<br />

created a new form of copyright, known as “parliamentary copyright”.<br />

Such copyright exists in:<br />

bills;<br />

select committee reports;<br />

any other work made by or under the direction or control of<br />

either House of <strong>Parliament</strong>.<br />

12.17 <strong>Parliament</strong>ary copyright in a public bill belongs in the first instance<br />

to the House into which the bill was introduced, and once the bill has<br />

reached the second House, to both Houses jointly. It subsists from the<br />

time the bill is handed in to the House in which it is introduced, and<br />

ceases on Royal Assent, or the withdrawal or rejection of the bill, or the<br />

end of the session.<br />

12.18 <strong>Parliament</strong>ary copyright in a private bill belongs to both Houses<br />

jointly from the time the bill is first deposited in either House.<br />

<strong>Parliament</strong>ary copyright in a personal bill belongs first to the House of<br />

Lords (since it is the practice to introduce such bills into that House first),<br />

and when the bill reaches the House of Commons to both Houses<br />

jointly. Acts and Measures once enacted are subject to Crown copyright.<br />

12.19 Literary, dramatic, musical or artistic work made by or under the<br />

direction of either House is subject to parliamentary copyright for 50<br />

1 Stourton v Stourton [1963] 1 All ER 366; Peden International Transport, Moss Bros, The<br />

Rowe Veterinary Group and Barclays Bank plc v Lord Mancroft (1989).<br />

2 Human Rights Act 1998 s. 6(3).<br />

232

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